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2004 Supreme(Raj) 698

N.N.MATHUR, K.K.ACHARYA
Abdul Rahman – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Anil Bhandari, for Petitioner;
B.L. Tiwari, Additional Government Advocate

Honble MATHUR, J.–By way of instant ``Public Interest Litigation, petitioner has raised an issue of high public importance emphasizing on the need to protect the tanks/ponds for proper and healthy environment to enable the people to enjoy a quality life which is the essence of right of a citizen under Article 21 of the Constitution of India.

(2). Referring to the provisions of Rajasthan Land Revenue Act 1956, it is submitted that no Nadi land can be used for any sort of construction.

(3). The backdrop in which the petition has been filed, needs to be noticed. There is a gair mumkin Nadi measuring 9 bighas 17 biswas in Khasra No. 253 at Village Marwar Balia and so also, there is a land measuring 29 bighas 1 biswa in Khasra No. 266 and this land is gair mumkin pasture land. The land situated in Khasra No. 253 being a gair mumkin Nadi, cannot be used for construction of any sort of building. However, the third respondent viz. Mohd. Yusuf, Sarpanch, Gram Panchayat, Marwar Balia has started construction of a school building in the land situated in Khasra No. 253. It is further stated that some persons made encroachments in the said gair mumkin Nadi land of Khasra No. 253 and those persons














































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